Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1809 of 2018 Petitioner :- Madan Pal Singh Respondent :- Adarsh Khalsa Sanyukt Sahkari Kheti Samiti Ltd. And Anr.
Counsel for Petitioner :- Anil Kumar Mehrotra, Srijan Mehrotra
Hon'ble Manoj Kumar Gupta,J.
Heard Sri A.K. Mehrotra learned counsel for the petitioner and Ms. Ankita holding brief of Sri Siddharth Singhal learned counsel for the respondents.
A preliminary objection has been raised to the maintainability of the instant petition on the ground that the petitioner has an alternative remedy available to him to challenge the impugned order by filing a revision under Section 115 of the Code of Civil Procedure.
By impugned order, the application filed by the petitioner seeking rejection of plaint in exercise of power under Order 7 Rule 11, has been rejected. It is not disputed before this Court that the order is revisable under Section 115 of the Code.
In such view of the matter, this Court is not inclined to invoke its extra ordinary jurisdiction under Article 227 of the Constitution.
The petition is accordingly dismissed with liberty reserved in favour of the petitioner to avail the remedy of revision, provided under the Code itself.
Certified copy of the impugned order shall be returned to learned counsel for the petitioner after retaining its photostat copy on record.
In case any revision is filed against the impugned order, its copy shall be served on counsel for the plaintiff/ respondents.
(Manoj Kumar Gupta, J.) Order Date :- 27.3.2018 skv